Landlord Filed Termination Notice at Wrong DRO
LVT Number: 10909
(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's termination notice was defective because it was filed with the wrong DHCR DRO. The court ruled for landlord and dismissed the case. Rent control regulations state that a termination notice for a primary residence case against a rent-controlled tenant must be filed with the DHCR at the district rent office ''for a particular rent district.'' Landlord filed the notice with the Lower Manhattan DRO when tenant lived above 110th Street. Rent control regulations state that the DRO for the north side of 110th Street and above is the Upper Manhattan DRO.
619 W. 145th St. Realty Corp. v. Carty: L&T Index No. 76142/96 (9/18/96) (Civ. Ct. NY; Evans, J) [2-page document]
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